Cape Coral man charged in officer-involved shooting

December 26, 2013

A Cape Coral man who suffered a gunshot wound Tuesday afternoon after police say he drove his truck at detectives attempting to break up an altercation that had culminated in the man reportedly dragging another person with the pickup has been charged.

David Roy Westerman, 34, of 2713 SE 18th Ave, was charged Christmas day with aggravated battery, assault on a law enforcement officer, drug equipment possess and or use and driving with a suspended license, according to the Lee County Jail web site.

No bond was set on the aggravated battery charge.

The incident happened in the 3900 Block of Southeast 4th Avenue.

Cape Coral Police Department property detectives had responded to street to take a suspect into custody in reference to an unrelated theft investigation, according to a prepared statement issued by the Cape Coral Police Department shortly after 3:30 p.m. Tuesday.

While there, detectives witnessed the disturbance at a nearby house. It was a verbal and physical altercation that culminated with one person dragging another down the street with a pickup truck, officials stated.

"Detectives identified themselves and attempted to intervene. The driver of the truck, rather than complying with detectives, drove at detectives, placing them in imminent fear for their safety. Detective(s) fired, striking the driver," the release states.

The driver of the truck, later identified as Westerman sustained non-life-threatening injuries and was transported to Lee Memorial Hospital for treatment.

The detectives involved in the incident were placed on administrative duty as per the agency's standard protocol, pending the findings of the Professional Standards Bureau.

"Now that the fast-paced activity surrounding the incident has passed, the slow, meticulous process of investigation commences," he said in the statement released Tuesday. "Three things will now happen - First, the criminal investigation will take place and charges will be brought against the driver of the truck. Second, the State Attorney's Office will review the use of deadly force to determine if the use of force was justified. And finally, the Cape Coral Police Department Professional Standards Bureau will review the shooting to determine if the shooting was within policy."